Real Estate
Real Estate File Management Checklist
Real estate continues to be the second largest LAWPRO claims area by count and cost. Breakdown in lawyer/client communication is the most common cause of real estate claims. Even the most routine real estate transaction has many steps and the details may seem obvious but it is easy to let one or two slip through… Read More »
Categories: Areas of Law, Checklist, Content Type, Real EstateTo (mortgage) broker or not: That is the question
Case A: Lawyer M receives a call from a client who is looking for someone who will advance monies on the security of a mortgage. The lawyer gives the client the name, address and phone of a person who, lawyer M believes, does on occasion lend money on the security of a mortgage. Later, the… Read More »
Categories: Areas of Law, LAWPRO policy, Real EstateIn Defence of Our Insureds in 2017
LAWPRO defends actions against lawyers and licensed paralegals practising in every area of the law. In our February issue, we highlighted 2017 civil litigation claims. Family law A plaintiff hired a lawyer to handle certain financial matters, including the drafting of a prenuptial agreement, in preparation for her upcoming marriage. It eventually came to light… Read More »
Categories: 2018 May Year in Review 2017, Areas of Law, Articles, Casebook, Civil Litigation, Content Type, Corporate Law, Family, LAWPRO Magazine, LAWPRO Magazine Article Type, Real Estate, Tax, Year in ReviewEverything old is new again: Will the return of a broader rent control regime haunt the Ontario real estate bar?
For decades the existence of rent control has posed a risk to Ontario real estate lawyers acting on the purchase and mortgaging of residential rental property. The range of affected properties is immense: From a basement apartment to a rented single family house to the largest multi-residential complexes in the province, many real estate files… Read More »
Categories: Areas of Law, Articles, Content Type, Failure to Know The Law, Inadequate Investigation, Malpractice Errors, Real EstatePlanning to do real estate work? A primer on title insurance and the TitlePLUS program (2018)
If you’re planning to do any real estate work when you go into practice, you’ll soon hear about a resource used by many real estate practitioners – title insurance. It’s a type of insurance coverage that lawyers across Canada are telling their clients about to help protect them against some typical problems that might crop… Read More »
Categories: 2018 Student Issue 6, Areas of Law, Articles, Content Type, LAWPRO Magazine, LAWPRO Magazine Article Type, Real Estate, Student, Title insurance, TitlePLUS, TopicsRecognizing the red flags of real estate scams involving corporate identity theft
Frauds targeting real estate lawyers are getting ever more sophisticated. LAWPRO has seen several attempted frauds involving corporate identity theft. The properties involved may be commercial or residential, but are always owned by a corporation. How these frauds work These frauds start with the fraudsters changing or stealing the identity of corporate property owners. This… Read More »
Categories: 2018 February Top Legal Disruptions, Areas of Law, Articles, Content Type, Fraud, LAWPRO Magazine, LAWPRO Magazine Article Type, Malpractice Errors, Real Estate, Title insurance, TitlePLUS, TopicsMake sure clients aren’t caught off guard by the Rental Fairness Act
On April 27, 2017 the Province of Ontario amended the Residential Tenancies Act, 2006 (RTA) with the introduction of the Rental Fairness Act. Some of the changes to the RTA are already fully in force, others will come into play in 2018. The amendments to the RTA affect every residential tenancy in Ontario to different… Read More »
Categories: 2018 February Top Legal Disruptions, Areas of Law, Articles, Content Type, Could This Happen to You?, Failure to Know The Law, LAWPRO Magazine, LAWPRO Magazine Article Type, Malpractice Errors, Real Estate, TopicsNRST and Land Transfer Tax Affidavit Updates Effective December 16, 2017
The Ministry of Finance has just announced changes to the statements and payments process for NRST and LTT. These changes are effective December 16, 2017. As of December 16, 2017, Teraview (desktop and web versions) will provide new statements to replace the obligation to account for NRST in statement 9151. The new statements will only… Read More »
Categories: Alerts, Real EstateFOLA endorses standardized residential real estate closing documents
Recently, the Working Group on Lawyers and Real Estate undertook the review of five residential real estate closing documents designed to be used in conjunction with the Agreement of Purchase and Sale (APS) approved by the Ontario Real Estate Association (OREA). These documents, which have been successfully used in several Ontario municipalities, have been amended… Read More »
Categories: Areas of Law, Real EstateResidential Tenancies Act amendments a potential source of claims
LAWPRO is monitoring the impact of changes to the Residential Tenancies Act, 2006 introduced in April. Lawyers who represent landlords and the purchasers of rental properties will have significant responsibility for communicating the changes to their clients and for supporting compliance. The article below, prepared for us by Joe Hoffer of Cohen Highley LLP, provides… Read More »
Categories: Areas of Law, Real Estate